Md. Code Regs. 05.13.07.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.13.07.07 - Additional Requirements

A. In addition to a promissory note and security agreement, the Administration may require the borrower to execute or provide additional loan documents, which may include any of the following:

(1) A loan agreement;

(2) An agreement and declaration of covenants and restrictions;

(3) A disbursement agreement;

(4) A guaranty of completion or loan payments;

(5) A completion assurance agreement;

(6) An assignment of the construction contract;

(7) An opinion of borrower's counsel;

(8) An opinion of contractor's counsel;

(9) A contractor's letter and certification;

(10) An assurance of compliance with civil rights requirements;

(11) A fair practices certification; and

(12) Such other documents as the Administration may find it desirable or necessary to require.

B. The Administration, at its sole discretion, may require additional security or collateral from the borrower to assure completion of the construction of the project or repayment of the loan.

C. The collateral may be in the form of one or more of the following:

(1) A cash escrow;

(2) A letter of credit in an amount and form and from a financial institution acceptable to the Administration;

(3) Depository accounts pledged to the Administration;

(4) Performance and payment bonds from a surety acceptable to the Administration;

(5) A completion assurance agreement executed by the borrower and backed by some form of monetary collateral;

(6) A guaranty of completion or loan payments, or both, executed by a third party who is financially able and willing to back the guarantee by some collateral acceptable to the Administration;

(7) A pledge of the developer's fee; or

(8) Other collateral acceptable to the Administration.

D. Credit Enhancement.

(1) After consideration of underwriting and the requirements of any bond issuance, the Administration shall determine and notify the borrower whether the borrower will be required to insure or guarantee the proposed loan, or otherwise insure or enhance the bonds financing the loan.

(2) If required by the Administration, the borrower shall engage a credit enhancer and secure a commitment to insure or guarantee the proposed loan, or otherwise insure or enhance any bonds financing the loan.

(3) The borrower shall comply with any conditions of the insurance or guarantee commitment so that the insurance or guarantee will be in effect from the time of loan closing, with respect to loan insurance, or from the time of the issuance of the bonds, with respect to bond insurance.

E. Disclosure.

(1) All directors, officers, principals, members, general partners, and limited partners of the borrower shall be identified, and the proportionate share of each in the proposed project so indicated in the application.

(2) Subsequent changes in either a general partner, a limited partner having more than a 25 percent interest in the borrower, a managing member, or member owning more than a 20 percent interest in the borrower shall be subject to the written approval of the Administration.

(3) The borrower is responsible for providing any disclosure required by the Administration or any credit enhancer relating to the project, the borrower, the syndication, and the construction team.

Md. Code Regs. 05.13.07.07

Regulation .07 adopted effective 47:14 Md. R. 674, eff. 7/16/2020